Ex Parte Beeman et al - Page 10



          Appeal No. 2006-0567                                                        
          Application 09/938,256                                                      

          405 which presents to the user a synthesized output based upon              
          user specified style elements, criteria or attributes such as               
          color, shape or form depicted in other figures in Kagami.                   
          Figure 6 of Kagami also outputs a design image to the user based            
          upon an analyzed user’s sensibilities as expressed at logic                 
          element 603 which is also discussed at column 9.  To the extent             
          broadly recited in representative independent claim 1 on appeal,            
          Kagami clearly teaches the retrieval of a synthesized image                 
          object from the storage elements 203 for presentation on the                
          image output device 206 of figures 1 and 2.                                 
                    We do not sustain the examiner’s rejection of all                 
          dependent claims set forth initially at pages 6 and 7 of the                
          Answer as to the newly stated rejection under 35 U.S.C. § 102.              
          Beginning at the bottom of page 7 through the end of the Reply              
          Brief, appellants present specific arguments challenging the                
          examiner’s correlation as to the features recited in the                    
          dependent claims.  Because the examiner has not filed a separate            
          Supplemental Answer for our consideration as to these allegations           
          relative to the dependent claims in the Reply Brief, the                    
          rejection of them under 35 U.S.C. § 102 is not sustained.                   



                                         10                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007